vs. | na oe | go-l 736 ~ The Petitioner alleges: UV ( STATE OF FLORIDA 80 App EDUCATION PRACTICES COMMISSION 2 TOM GALLAGHER, as Heys! Ray, Commissioner of Education, Rites ¥E Petitioner, CASE NO. 967-0606-D Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Max S. Weill, Jr... The Petitioner seeks the appropriate disciplinaty sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. ©. JURISDICTION “1. The Respondent holds Florida Educator’s Certificate 192079, covering the areas of English, which was valid through June 30, 1997. _ 2... At all times pertinent hereto, the Respondent was employed as an English teacher at Hillsborough High School, in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. During 1974 and 1975, Respondent engaged students, Respondent gave alcoholic beverages to the students, met them privately away from school and «: took them to secluded places where he made sexual advances. In addition, Respondent had sexual ~~ intercourse with sions. students’ year books and referred to one of the students as “The Bod” and asked her to marry him. ent on several occasions. Respondent also wrote inappropriate comments in the "STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section . 231.28(1)(0), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. . in inappropriate behavior with several female a | 2 Max S. Weill, Jr. Administrative Complaint Page 2 of 2 COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- '1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’ s mental health arid/or physical - safety. : : COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in. violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. : WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to. the authority provided in Sections 231.262(6) and 231.28(1), Florida _.. Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, _ administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation “Of the teaching certificate, or Combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by _Teference. — wd Db (22 day ot Deeb 1999, _ EXECUTED on this ... Commissioner of Education, “ State of Florida netiegeene on wore mee ©

Docket for Case No: 00-001730